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FACT SHEET #4: WHAT IS LABOUR TRAFFICKING

This factsheet contains an overview of labour trafficking and forced labour in Australia. 

WHAT IS LABOUR TRAFFICKING?

This factsheet contains an overview of labour trafficking and forced labour in Australia.

Labour Trafficking is not specifically defined, but tends to be used loosely to refer to forms of human trafficking involving exploitation of labour, as distinct from exploitation in the commercial sex industry.  Labour exploitation can occur through practices such as forced labour, slavery and debt bondage.

A 2005 Global Report on Forced Labour by the International Labour Organization (ILO) estimates that at any one time there are 12.3 million victims of forced labour in the world of whom more than 2.4 million are in forced labour as a result of human trafficking.

What is forced labour?

Forced labour is defined in section 73.2(3) of the Criminal Code Act 1995 (Cth) as:

“the condition of a person who provides labour or services (other than sexual services) and who, because of the use of force or threats:

  1. is not free to cease providing labour or services; or
  2. is not free to leave the place or area where the person provides labour or services.”

Forced labour occurs on a spectrum of exploitation.  At one end of this spectrum are extreme forms of exploitation that breach fundamental human rights such as slavery and forced labour.  At the other end is freely chosen employment.  The challenge for legislators and judges is to draw the line between substandard working conditions and extreme forms of exploitation such as forced labour and slavery. 

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